Terms and Conditions

Any other contract or agreement entered into between the Owner and the Sellers shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

IoMoVo is provided by:

7918 Jones Branch Drive, Suite 416
McLean, VA 22102 USA
+1 571 895 4641

Owner contact email: support@iomovo.io

"IoMoVo" refers to

• this website, including its subdomains and any other website through which the Owner makes its Service available;

• applications for mobile, tablet and other smart device systems;

• the Application Program Interfaces (API);

• the Service;

• any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

The following documents are incorporated by reference into these Terms:

• Media Capture and Screen Recording Supplement (https://iomovo.io/media-capture-and-screen-recording-terms-conditions-supplement/)

• YouTube Terms of Service (https://www.youtube.com/t/terms)

What the User should know at a glance

• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

• Usage of ioMoVo and the Service is age restricted: to access and use ioMoVo and its Service the User must be an adult under applicable law.

• Minors may access ioMoVo and use its Service only under parental or adult supervision.

• IoMoVo uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.

• Important: Consumers based in Germany have different rules applying to them as described in the relevant section of these Terms.

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How ioMoVo works

By accepting the Terms, Users fully and unconditionally release and forever discharge the Owner, its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:

• disputes between Users, or any other person or entity,
• the Products’ use, including, without limitation, any and all claims that such use violates any of Seller’s intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity, or
• Users’ activity on ioMoVo, including, but not limited to, Users’ legal capacity, ability to complete a transaction, or pay the associated costs. User acknowledges and agrees that the Owner has no control over, and shall have no liability for any damages resulting from, the use or misuse by any other person or entity of any Products.
  If the Owner becomes aware of any Products that allegedly may not conform to the Terms, the Owner may investigate the allegation and determine in its sole discretion whether to take action in accordance with the Terms. The Owner has no liability or responsibility to Users for performance or nonperformance of such activities. The Owner has the absolute right to remove and/or delete without notice any Products within its control that it deems objectionable. Users consent to such removal and/or deletion and waive any claim against the Owner for such removal and/or deletion. The Owner is not responsible or liable for failure to store posted content or other materials Users may transmit through ioMoVo. Users shall take measures to preserve copies of any data, material, content or information such User posts on ioMoVo. Any identity verification methods the Owner employs is strictly on a best efforts basis and shall not be relied upon by Users.

The Service of ioMoVo is provided at no monetary cost to Buyers. Products offered by the Owner or by Sellers via ioMoVo are marked as such.

These Terms only apply to the described usage of ioMoVo as a platform.
Terms, conditions and any other provision applying specifically to transactions between Buyers and Sellers are specified by each Seller.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using ioMoVo.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using ioMoVo, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;

• Users must be recognized as adult by applicable law;

• Minors may only use ioMoVo under parental or adult supervision;

• Users aren’t located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country;
• Users aren’t listed on any U.S. government list of prohibited or restricted parties;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by ioMoVo.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on ioMoVo is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

• Accounts registered by bots or any other automated methods are not permitted.

• Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By using the tools provided for account termination on ioMoVo.

• By directly contacting the Owner at the contact details provided in this document.

However, termination of the account will not be possible until the subscription period paid for by the User has expired.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on ioMoVo

Unless where otherwise specified or clearly recognizable, all content available on ioMoVo is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on ioMoVo infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on ioMoVo - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on ioMoVo, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on ioMoVo, the User may download, copy and/or share some content available through ioMoVo for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to ioMoVo.

By providing content to ioMoVo, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Further insights regarding acceptable content can be found inside the respective section on ioMoVo which details the acceptable uses.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on ioMoVo they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of ioMoVo as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to ioMoVo.

Users acknowledge, accept and confirm that all content they provide through ioMoVo is provided subject to the same general conditions set forth for content on ioMoVo.

Users are solely liable for any content they upload, post, share, or provide through ioMoVo.

Users acknowledge and accept that the Owner filters or moderates such content after it has been made available.

Therefore, the Owner reserves the right to refuse, remove, delete, or block such content at its own discretion and to deny access to ioMoVo to the uploading User without prior notice, if it considers such content to infringe these Terms, any applicable legal provision or third-party right, or to otherwise represent a risk for Users, third parties, the Owner and/or the availability of the Service.

The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through ioMoVo.

Access to provided content

Content that Users provide to ioMoVo is made available according to the criteria outlined within this section.

Publicly available content

Content meant for public availability shall be automatically made public on ioMoVo upon upload or, at the sole discretion of the Owner, at a later stage.

Any personal data, identifier or any other information that Users upload in connection with such content (such as a User-ID, avatar or nickname etc.) shall also appear in connection with the published content.

Private content

Private content provided by Users shall stay private and will not be shared with any third parties or accessed by the Owner without the User’s explicit consent.

Content for determined audiences

Content meant to be made available to specific audiences may only be shared with such third parties as determined by Users.

Any personal data, identifier or any other information Users upload in connection with such content (such as a User-ID, avatar or nickname etc.) shall also appear in connection with the content.

Users may (and are encouraged to) check on ioMoVo to find details of who can access the content they provide.

Access to external resources

Through ioMoVo Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on ioMoVo infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;
• Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
• A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.

Acceptable use

IoMoVo and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of ioMoVo and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to ioMoVo or the Service, terminating contracts, reporting any misconduct performed through ioMoVo or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

Conduct restrictions

• pretending to fulfill any possible condition or requirements for accessing ioMoVo and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;
• concealing their identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
• manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
• defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
• promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on ioMoVo;
• probing, scanning or testing the vulnerability of ioMoVo, including the services or any network connected to the website, nor breaching the security or authentication measures on ioMoVo, including the services or any network connected to ioMoVo;
• installing, embedding, uploading or otherwise incorporating any malware into or via ioMoVo;
• using ioMoVo or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
• attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on ioMoVo or the Service;

• pretending to purchase any Products offered via ioMoVo without any real intent to do so;
• failing to pay for Products purchased;

• offering Products via ioMoVo that cannot legally be sold or that are currently not available for sale (e.g. not in stock);
• manipulating the price of Products offered or failing to deliver Products sold;

Excessive use of the Service

• using a resource of ioMoVo excessively in relation to other Users of ioMoVo – in such cases, the Owner, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption;

Excessive use of the API

• sending abusive or excessively frequent requests to the Service via the API. The Owner will determine what constitutes abuse or excessive usage of the API and additionally reserves the right to temporarily or permanently suspend access to the API by the User. In such cases, the Owner will make a reasonable attempt to alert the User prior to suspension;

Scraping

• adopting any automated process to extract, harvest or scrape information, data and/or content from ioMoVo and all the digital properties thereto related unless where explicitly allowed to do so by the Owner;

Content restrictions

• disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;
• publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
• disseminating or publishing any content that is false or may create unjustified alarm;
• using ioMoVo to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;
• using ioMoVo to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;
• publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of ioMoVo or another User's experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.;

• publishing or otherwise disseminating false, inaccurate, misleading, defamatory, or libellous content regarding any Products offered via ioMoVo;

User protection

• misappropriating any account in use by another User;
• harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on ioMoVo or by any other means;
• using any information relating to other Users, including personal or contact data, for purposes other than those ioMoVo is intended for;

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to ioMoVo are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of ioMoVo and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

API usage terms

Users may access their data relating to ioMoVo via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses ioMoVo, is bound by these Terms and, in addition, by the following specific terms:

• the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on ioMoVo, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of ioMoVo.

To purchase Products, the User must register or log into ioMoVo.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of ioMoVo and are subject to change without notice.

While Products on ioMoVo are presented with the greatest accuracy technically possible, representation on ioMoVo through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

• Users must choose the desired Product and verify their purchase selection.
• After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
• In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
• Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on ioMoVo are displayed:

• excluding any applicable fees, taxes and costs.

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of ioMoVo.

Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

• Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
• A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
• Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
• A Coupon cannot be applied cumulatively;
• The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
• The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
• The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of ioMoVo.

Payment methods marked accordingly are managed directly by the Owner. In this case, the Owner collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of ioMoVo to learn more about the data processing and Users’ rights regarding their data.

Other payment methods – if any – are independently provided by third-party services. In such cases ioMoVo collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.

If payment through the available methods fail, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Payment of price in installments

The payment of the purchase price may be settled in two or more installments, within the deadlines specified on ioMoVo or otherwise communicated by the Owner.
Specific Products may be excluded from this payment model.
If the User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.

Virtual Currency for exclusive use inside ioMoVo

On ioMoVo certain payments may be made using a Virtual Currency. Unless otherwise stated, such Virtual Currency is not tradable, exchangeable or redeemable against any traditional currency, any other open digital currency, goods or any other values.

By purchasing Virtual Currency, Users acknowledge and understand that it may only be used within ioMoVo for the purposes expressly authorized by the Owner within the framework of its Services. Users also acknowledge and agree that they may not transfer, purchase, sell, or exchange such Virtual Currency outside of the Service.

Accordingly, Users may not sublicense, trade, sell or attempt to sell Virtual Currency for money, or exchange Virtual Currency for value of any kind outside of the dedicated offering provided by the Owner through ioMoVo. Any such prohibited use or transaction shall be considered null and void and could result in legal action being taken against the User.

In case of contract or account termination for any cause attributable to the User, any and all unused Virtual Currency shall be forfeited and no refund shall be granted.

Authorization for future PayPal payment

If Users authorize the PayPal feature which allows future purchases, ioMoVo will store an identification code linked to the Users’ PayPal account. This will authorize ioMoVo to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Delivery of digital content

Unless otherwise stated, digital content purchased on ioMoVo is delivered via download on the device(s) chosen by Users.

Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

Performance of services

The purchased service shall be performed or made available within the timeframe specified on ioMoVo or as communicated before the order submission.